Legal Question in Immigration Law in California

does my wife need a new H-4 visa ?

I am on H-1 visa. I am changing employer shortly. My wife is currently in India. She is planning to come to US after I join the new employer. Is it neccessary for me to get a visa stamping after changing employer ? Can my wife get her H-4 visa while I am with my current employer and come to US after I change employer ? Are there any complications ? Advance thanks for any advice.


Asked on 5/14/00, 1:10 am

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: does my wife need a new H-4 visa ?

No. Your wife can use the same H-4 visa to enter the US even after you've changed employer since you will still be in H-1B status. The H-4 is not employer-specific as the H-1B is for the principal alien.

As for yourself, when you change employer while still remaining in the US, you don't need a new visa stamping. A new H-1B petition is filed by your attorney with the INS on behalf of the new employer. Once approved, you will receive a new I-94 from the INS showing your new employer as the petitioner. If you leave the US and come back, the visa in your passport will be stamped.

Liem Doan, Esq.

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Answered on 7/04/00, 4:05 pm


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